Luke v. Koenen
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. J. R. Whitakek, Judge. Action in equity to ’-ecover on a promissory note, and asking the foreclosure of a bond for a deed. Defense, want of consideration for the note, and a cross petition asking that title be quieted in the defendants. There was a judgment for the defendants, from which the plaintiff appeals.
1Opinion of the CourtShekwin, J.
The note sued on was given by the defendant Aeiko Koenen on the 10th day of August, 1887. It is for $1,200 with interest at ten per cent., and was due August 10, 1892. Its execution and delivery to the plaintiff’s decedent, O. C. Cowell, is admitted, but it is claimed that it was without consideration, and- given under the following circumstances: That prior to the 25th day of February, 1887, the defendant Aeiko Koenen had become a surety on the note of another for about $150; that suit was brought on that note against him, and that on said 25th day of February he deeded the land in question…
2Cited by5 opinions
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